Late-night host Jimmy Kimmel has come under fire following a joke on his show Wednesday that conservative critics allege could mislead voters and suppress Republican turnout.

Sep 18, 2016; Los Angeles, CA, USA; Jimmy Kimmel speaks during 68th Emmy Awards at the Microsoft Theater. Mandatory Credit: Robert Hanashiro-USA TODAY

During his monologue on Jimmy Kimmel Live, Kimmel referenced the upcoming election, instructing viewers who planned to vote for Donald Trump to cast their ballots on “Thursday or Friday,” despite Election Day being on Tuesday.

The comment has sparked a backlash from conservatives on social media, with many pointing out what they view as a double standard in how similar incidents are handled by the Justice Department.

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“I don’t know if you guys know about this, but we have an election coming up,” Kimmel said to his audience. “If you can vote early, vote early; if you can’t vote early, vote on time.”

He then added, “If you want to vote for Trump, vote late. Vote very late.”

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His remarks drew widespread criticism from conservative commentators, who noted that instructing people to vote after Election Day could mislead some voters about the actual deadlines.

On Thursday, the Justice Department released a statement on X (formerly Twitter) warning Americans against spreading false information regarding voting times or locations, labeling it a “serious offense.”

The DOJ emphasized its intent to prosecute individuals attempting to mislead voters.

The statement echoed previous cases involving similar accusations of voter suppression.

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This controversy brings to mind the recent case of conservative social media influencer Douglass Mackey, also known by his online alias “Ricky Vaughn.” Mackey faced criminal charges for posting a meme in 2016 that humorously suggested Hillary Clinton supporters could vote via text message, a satirical post that federal prosecutors later deemed voter suppression.

Mackey was initially convicted and sentenced to prison, though his sentence was overturned following appeals.

Conservative commentator Matt Walsh weighed in on Kimmel’s remarks, noting the similarity to Mackey’s case. “The Biden Administration sent Douglass Mackey to prison for making this exact joke,” Walsh posted. “If Trump wins, he should have Jimmy Kimmel arrested and jailed. Force these scumbags to live by their own rules.”

The popular conservative account Libs of TikTok also pointed to the Justice Department’s stance on Mackey’s case, questioning whether the same scrutiny would be applied to Kimmel. “Jimmy Kimmel instructs viewers that if they’re voting for Trump, they should vote late like Thursday or Friday. Wasn’t Douglass Mackey sentenced to prison for doing something similar?” the account posted.

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Social media personality Catturd added to the criticism, demanding action from the Justice Department. “So when are you arresting Jimmy Kimmel, who did this very thing, and it’s on video? (Crickets).”

Douglass Mackey himself addressed the situation, pointing out what he views as a double standard in enforcement. “Charles Clymer sent out his texts to thousands of actual voters. Jimmy Kimmel told his joke to an audience of millions,” Mackey wrote.

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“The joke meme I sent out didn’t even reach more than 100 people until Buzzfeed and Wired reported on it… When I made an election joke, the Deep State used it as a pretext to conduct a fishing expedition against me.”

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The incident has fueled a broader conversation about how laws related to voter suppression and election interference are enforced, with conservative voices calling for consistency.